Causal Apportionment of Personal Injury Damage in Amsterdam: How is Damage Apportioned?
Causal apportionment in personal injury cases in Amsterdam regulates how your compensation is calculated when multiple factors have contributed to your injury. This principle is crucial in complex cases, such as with pre-existing conditions or successive accidents in the Amsterdam region.
What Does Causal Apportionment Mean Exactly?
In causal apportionment, the total damage is split across the various causes. The responsible party pays only the portion that directly results from the unlawful act, as determined in Amsterdam personal injury procedures.
Legal Basis
Based on Article 6:98 DCC (damage imputation) and Article 6:101 DCC (contributory negligence). Judges in Amsterdam assess:
- Conditio sine qua non: would the damage have occurred without the incident?
- Imputation according to reasonableness and fairness: is it fair to attribute this to the perpetrator?
Typical Situations in Amsterdam
| Situation | Amsterdam Example | Apportionment |
|---|---|---|
| Pre-existing complaints | Chronic back pain before bicycle accident on Vijzelstraat | Only aggravation compensated |
| Multiple incidents | Two traffic accidents in the city | Each incident assessed separately |
| Vulnerability of victim | Increased fragility | Usually fully covered |
| Victim's behavior | No rehabilitation followed | Duty to mitigate damage applies |
The Thin Skull Principle in Practice
Important rule: the perpetrator accepts the victim as they are. Special sensitivity (physical or mental) falls under the risk of the causer, frequently applied in Amsterdam cases.
Step-by-Step Calculation
- Inventory total damage - Quantify all heads of damage
- Analyze causal elements - Identify contributing factors
- Percentage split - Determine apportionment per cause
- Medical examination - Expert report essential
Frequently Asked Questions about Amsterdam
Did I already have complaints before the Amsterdam accident?
The aggravation caused by the incident is compensated, unless the thin skull rule applies. An expert measures the share attributable to the accident, often via local experts.
How is the apportionment determined in Amsterdam?
Via medical expert opinion: comparison pre- and post-accident. The judge at the District Court of Amsterdam generally follows this, but decides independently.
Difference with contributory negligence?
Causal apportionment focuses on the cause of damage, contributory negligence on the victim's contribution to the incident or extent. Both relevant in one procedure.
Objection to apportionment possible?
Yes: own counter-expertise or argumentation in the case. Consult a personal injury lawyer in Amsterdam for strategy.
Conclusion
In Amsterdam personal injury cases, causal apportionment is complex; preserve medical records and contact a specialist immediately. District Court Amsterdam: Parnassusweg 220. Juridisch Loket Amsterdam: Vijzelstraat 77.